According to Section 4 of the Indian Easement Act, defines it as follows: “An easement is a right which the owner or occupier of certain land possesses. Full text containing the act, Indian Encasements Act, , with all the sections, schedules, short title, Indian Easements Act, (Act No. 5 of Year ). This is the official website of Central Board of Direct Taxes (CBDT), Department of Revenue, Ministry of Finance, Government of India. Income Tax Department.

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Illustration A, having a right to the free passage over B ‘s land of light to four windows six feet by four, increases their size and number. A having become the tenant of a plot of uncultivated land in the village breaks up and cultivates that plot. A is entitled to the light, and B cannot build on the land so as to indizn such light. Where an easement has been granted or bequeathed so that its extent shall be proportionate to the extent of the dominant heritage, if the dominant heritage is increased by alluvion, the easement is proportionately increased, and if the dominant heritage is diminished by diluvion, the easement is proportionately diminished.

Grant may be expressed or implied.

Extinction by unity of ownership. He thereby indiab an easement to graze his cattle in accordance with the custom. It is proved that A gave B a month’s notice of his intention to abandon the easement, and that such notice was sufficient to enable B, without unreasonable expense, to easemwnts prevented the damage. The easement to draw water is extinguished under section inian Illustration A sues for a declaration that he is entitled to a right of way over B ‘s land, A proves that he has enjoyed the right for twenty-five years; but B shows that during ten of these years C had a life-interest in the land; that on C’s death B became entitled to the land; and that within two years after C ‘s death he contested A ‘s claim to the right.

A simultaneously sells the house to B and the land to C. The Disturbance Inian Easements. Extinction by dissolution of right of servant owner. C unlawfully enters on B ‘s land and obstructs A in his right of way. The right is not annexed to any immovable property of B.


Tax Laws & Rules > Acts > Indian Easements Act,

Where an easement can be legally enjoyed only at a certain place, or at certain times, or between certain hours, or for a particular purpose, its enjoyment during the said period at another place, or at other times, or between other hours, or for another purpose, does not prevent its extinction under this section.

Who may acquire easements. The grant of a license may be express or implied from the conduct of the grant easrments, and an agreement which purports to create an easement, but is ineffectual for that purpose, may operate to create a license. Grant may be express or implied. A license may be revoked by the grant or, unless- a It is coupled with a transfer of property and such transfer is in force: When cause of action arises for removal of support.

Who may grant license. The sewer with which the drain communicates is altered. Illustrations a A, the owner of a saw-mill, has a right to a flow of water sufficient to work the mill.

B imposes an easement on Sultanpur. Extinction by destruction of either heritage. The drain would be discovered upon careful inspection by a person conversant with such matters. Suit for disturbance of easement. A, retaining the house, sells the land to B, without expressly reserving any easement.

Extinction on expiration of limited period or happening of dissolving condition. Licensee’s rights on eviction.

B is entitled to a right of way over that land suitable to the business to be carried on by B in the house and grounds.

Provided that if, in the case of a discontinuous easement, the dominant owner, within such period, registers, under the Indian Registration Act, 3 of 8a declaration of his intention to retain such easement, it shall not be extinguished until a period of twenty years has elapsed from the date of the registration. Illustrations a A is tenant of B ‘s land under a lease for an unexpired term of twenty years, and has power to transfer his interest under the lease.


Where a partition is made of the joint property of several persons,.

Indian Encasements Act, | Bare Acts | Law Library | AdvocateKhoj

A cannot, unless with B ‘s consent, impose an easement thereon which will continue after the determination of his life-interest. Rights which cannot be acquired by prescription. Extinction on permanent alteration of servient heritage by superior force. The easfments is washed away by a permanent encroachment of the sea. A lets or sells the field to C.


The license is revoked. A, when exercising his easement, must cut the grass so that the plants may not be destroyed. This is not substantial damage to A.

B must not plant trees so as to obstruct the passage to A ‘s windows of that quantity of light. No lessee of immovable property can acquire, for the beneficial enjoyment of other essements property of his own, an inddian in or over the property comprised in his lease. The grant or of a license is bound to disclose to the licensee any defect in the property affected by the license, likely to be dangerous to the person or property of the licensee, of which the grant or is, and the licensee is not, aware.

B is not bound, as servient owner, to clear the watercourse or scour the sewer. B renders the way impassable. A’ s interest under his lease is transferable; B’ s is not. Section License when transferable. B ‘s interest in Sultanpur ends, and with it the easement is extinguished. A may enter and dig the land in order to mend the pipes, but he must restore the surface to its original state.

The wall gives way. Bar to use unconnected with enjoyment. Each of these continues to have the right eaesments have its windows unobstructed. Compensation for damage caused by extinguishment or suspension.